INFORMATIONAL

TO:

Division Superintendents

FROM:

Richard T. La Pointe
Superintendent of Public Instruction

SUBJECT:

F-1 Student Visas

Questions have been raised concerning students with F-1
visas. As of November 30, 1996, the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 prohibited
any alien from receiving an F-1 student visa if the alien
was coming to attend a public elementary school, grades
Kindergarten through 8, or a publicly-funded adult education
program. Students in grades 9 through 12 must pay the
unsubsidized, per capita cost of education, in advance, to
be eligible for an F-1 student visa and are limited to a
period not to exceed one year. Attached are excerpts from a
Fact Sheet developed by the U.S. Department of Justice,
Immigration and Naturalization Service.
You may want to share this information with your school
board attorney. If you have questions concerning this
issue, please contact the Office of Public Affairs for the
Immigration and Naturalization Service at (202) 514-2648. I
hope this will provide you with some useful information
concerning the Act.
RTL:je
Attachment: A hard copy of this memo and its attachment
will be sent to the superintendent's office.
FACT SHEET
Changes Affecting F-1 Student Visas
Who is eligible to attend public school in the United
States on an F-1 student visa?
The Immigration and Nationality Act defines the F-1
non-immigrant alien as one who has not abandoned their
residence in a foreign country and who is a bona fide
student coming temporarily and solely to the United
States to pursue a course of student at a recognized
institution of education approved by the Attorney
General to accept foreign students.
The 1996 changes to the immigration law prohibit
attendance at a public elementary school or publicly-funded
adult education program, and restrict attendance
at a public secondary school to a cumulative period not
to exceed one year while requiring reimbursement of the
unsubsidized, per-capita costs of education.
Why are elementary and secondary school students being
turned away at the border ports of entry?
A student seeking entry into the United States with an
F-1 student visa after November 30, 1996 must meet the
requirements of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996. The new law
includes provisions that eliminate issuance of F-1
visas to students attending public elementary school
(kindergarten through grade 8) or publicly funded
adult-education programs, regardless of ability to pay.
The law also requires that public secondary school
students pay, in advance, the full unsubsidized per-capita
cost of their education, and limits attendance
to a cumulative total of 12 months.
Why are students with valid multiple-entry F-1 student
visas being refused entry?
An unexpired, multiple-entry F-1 student visa is valid
only if the alien remains eligible for the visa. Many
aliens may have been eligible for an F-1 student visa
prior to the changes to the law that became effective
November 30, 1996. By leaving the United States, even
for one day, the F-1 visa holer must reapply for
admission at a port of entry, and at that time, the F-1
student must meet the requirements of the changes to
the law.
Who sets the levels of tuition that must be reimbursed?
The local public school system is responsible to
determine the unsubsidized, per-capita cost of
education at its schools. Student visas for attendance
at a public school are restricted under the new law to
students in grades 9 through 12 who have paid the
unsubsidized, per capita cost of education and for a
period not to exceed one year.
How can a student continue his or her education at
their U.S. school if unable to enter the U.S?
The law does to allow an alien to be admitted with an
F-1 student visa to attend a public elementary school
or publicly funded adult education program. This
includes aliens formerly attending such academic
programs who seek readmission to the United States to
resume their studies. Aliens who seek to continue
their education may transfer to a private elementary or
secondary school, or privately-funded adult education
program.
What are the penalties for continuing to go to school?
The provisions of the new law apply as of November 30,
1996 to aliens who seek an F-1 visa or a change in
their immigration status while already in the United
States. Aliens in the United States on F-1 visas who
do not apply for an extension or plan to leave the
United States and apply or readmission are not affected
by the changes. Aliens admitted as F-1 students to
attend private secondary schools who transfer to a
public school and who do not reimburse the school for
the full, unsubsidized cost of education are in
violation of their status and are subject to a five-year
bar for readmission to the United States.
Are Mexican students being targeted by this change in
the law?
The new provisions affecting student visas apply to all
aliens, regardless of nationality.